Subsequent Injury Fund v. Industrial Claim Appeals Office of the State

Opinion by

Judge SMITH.*

The Subsequent Injury Fund (Fund) seeks review of the final order of the Industrial Claim Appeals Panel which held that the Fund, rather than the employer or its insurer, was obligated to pay the interest on certain death benefits. We affirm.

The pertinent facts are not in dispute. The claimant is the dependent spouse of a worker who died from industrial exposure to radiation during his employment as a uranium miner. The Administrative Law Judge (AU) awarded funeral and death benefits, apportioned such benefits according to the provisions of Colo.Sess.Laws 1990, ch. 62,…